Department of Justice

Child Support Administrative Recalculation Service

Family Law Information Centre

Q&A

Why is the service being introduced?
Can the service go back and adjust for child support owed from previous years?
Who is eligible for the service?
What are the Federal Child Support Guidelines?
How much does a parent’s income need to change in order to apply for recalculation?
How do I apply?
How long does the recalculation process take?
When and how often can a recalculation be made?
What is the recalculation based on?
What if one party fails to provide the required forms or income information?
What if I don’t agree with the recalculation?
What if I don’t want to participate?


Why is the service being introduced?

The Government of Yukon is committed to streamlining services and improving access to justice for families engaged in the justice system. The Family Law Information Centre (FLIC) provides many of these important services, including the Child Support Administrative Recalculation Service.

The Child Support Administrative Recalculation Service will provide eligible parties with the option to have their child support payments adjusted without going to court. The service will reduce court time and costs for many and ensure that children receive the level of support they deserve.

In 2006, the Supreme Court of Canada ruled that both parties to child support orders are responsible for ensuring their children receive appropriate levels of support. Therefore, payors are legally obligated to increase their child support when their income increases. Recipients of child support should also be regularly checking to make sure the amounts align with the payor’s income. The free administrative recalculation service will make it easier for eligible parties to fulfill these requirements. 

The Department of Justice held public consultations in 2009 to determine if the recalculation service was desired in Yukon. General support and input on how the service should operate was received by members of the public, interest groups, maintenance enforcement program clients, lawyers, judges and government officials.



Can the service go back and adjust for child support owed from previous years?

No, the service is not able to adjust child support amounts owed for previous years.

You may wish to contact FLIC for information about options other than the recalculation service to vary an order.



Who is eligible for the service?

Not all child support orders are eligible for recalculation. Some situations are not appropriate for an administrative recalculation because they require a discretionary decision rather than simply the application of a formula.

Applicants must show that they meet the requirements of the Child Support Administrative Recalculation Act and Regulations.

Either the person paying or receiving child support may apply to use Yukon’s Child Support Administrative Recalculation Service.

Recalculation officers are available by phone to answer inquiries about your court order and eligibility.


Eligibility at-a-glance

 Eligible court orders Ineligible court orders                         

To be eligible for administrative recalculation the following must exist:

 

 

A court order is not eligible for administrative recalculation when the order:                     

  • Is guided by reasoning other than the Federal Child Support Guidelines;
  • Involves payor income greater than $150,000;
  • Involves children who are older than 19 years of age;
  • Declares an imputed parental income using information other than income tax.                                 



What are the Federal Child Support Guidelines?

The Federal Child Support Guidelines provide rules for how child support is calculated as well as tables setting out basic levels of child support for children across Canada.

The Federal Child Support Guidelines are enacted under the Divorce Act and are referenced by the Yukon’s Family Property and Support Act and related territorial regulations, ensuring all children in the Yukon qualify for basic levels of child support.

All court orders that are eligible to be recalculated by Yukon’s Child Support Administrative Recalculation Service will reference the Federal Child Support Guidelines and/or the payor’s guideline income level. The payor’s guideline income level is used for determining the amount of child support payable in accordance with the Federal Child Support Guidelines (e.g. guideline income of $43,000).  

The amount of child support awarded by a court may actually be higher or lower than the amount stated in the Federal Child Support Guidelines tables. Sometimes, special expenses, such as day care costs, or extraordinary expenses, such as costs related to a child’s extracurricular activities, will be added on to the basic amount of child support payable.



How much does a parent’s income need to change in order to apply for recalculation?

The change in income must be sufficient to result in a child support payment increase of at least $5 per month.



How do I apply?

Either the recipient or payor of child support can apply for the administrative recalculation service. Each party will need to  submit the required forms and relevant support documents, and provide a copy of their child support court order.

Parties can apply by mail or email and are not required to attend court or visit government offices.

View online application guide and forms >>



How long does the recalculation process take?

Applicants will receive a response from the recalculation officer within 30 days. Both parties will receive notice once the office receives the application and when the recalculation is complete.

The recalculation officer may request supporting documents and information to supplement your application. For example, a party has 30 days to provide a notice of assessment.

The entire administrative process can take up to 91 days.



When and how often can a recalculation be made?

Once an application is accepted for eligibility, recalculations can be done once a year.

Parties are required to re-apply the following year should they be seeking a further administrative recalculation of the court order.



What is the recalculation based on?

Determining a payor’s new income level and the child support payable is purely an administrative exercise based on the Federal Child Support Guidelines.

The payor is required to provide a copy of their most recent income tax notice of assessment. If the payor does not comply with this request, the recalculation officer may proceed to determine the parent’s income to be 10% higher than the level set in the existing court order.

Parties will be ineligible if the recalculation officer would need to exercise discretion rather than apply a standard calculation or where the Federal Child Support Guidelines were not followed in the original order.



What if one party fails to provide the required forms or income information?

The payor is required to provide a copy of their most recent income tax notice of assessment.

If the payor does not comply with this request, the recalculation officer is authorized to determine the parent’s income to be 10% higher than the level set in the existing court order.



What if I don’t agree with the recalculation?

Parties have the option to dispute any recalculation. Since the service is optional, parties may prefer to apply to family court to vary child support amounts.



What if I don’t want to participate?

Applying is optional and free; however, once either party registers, both are obligated to participate.

If you feel your court order is not appropriate for administrative recalculation or you wish to withdraw your application, contact the recalculation officer for information on next steps.